STATE  OF  IOWA 
1917 

‘fAY 


^.:ny 


iilY 

BIENNIAL  MESSAGE 


OF. 


GEORGE  W.  CLARKE 


GOVERNOR  OF  IOWA 


TO  THE 


Thirty-Seventh  General  Assembly  In  Joint  Session 


DBS  MOINES,  JANUARY  9,  1917. 


PUBLISHED  BY 
THE  STATE  OF  IOWA 
DEI  MOINES 


STATE  OF  IOWA 
1917 


^^ersity  of  lujim  imm 

■'AY  30  lil7 

BIENNIAL  MESSAGE 


OF 

GEORGE  W.  CLARKE 


GOVERNOR  OF  IOWA 


TO  THE 


Thirty-Seventh  General  Assembly  In  Joint  Session 


DES  MOINES,  JANUARY  9,  1917. 


PUBLISHED  BY 

THE  STATE  OF  IOWA 
DES  MOINES 


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GOVERNOR’S  BIENNIAL  MESSAGE 


George  W.  Clarke 


To  the  Senate  and  House  of  Representatives  of  the  Thirty- 
Seventh  General  Assembly: 

It  would  not  be  possible  for  me  to  more  fully  comply  with  the 
constitutional  mandate  laid  upon  me  to  communicate  to  you  ^^The 
condition  of  the  State”  than  to  refer  you  to  the  exhaustive  reports 
of  all  of  the  departments  and  commissions  of  the  State  government. 
These  and  the  budget,  submitted  this  year  for  the  first  time,  con- 
tain absolutely  everything  that  will  throw  any  light  on  the  question 
and  they  will  illuminate  it  for  every  candid,  investigating  mind. 

The  financial  situation  for  the  next  biennium  so  far  as  it  can 
be  reasonably  estimated  can  be  succinctly  stated  as  follows: 

The  taxable  value  of  all  property  subject  to  general  levies  for 
State  and  county  purposes  for  the  year  1916  was  $957,759,442.00. 
The  amount  of  moneys  and  credits  returned  was  $303,504,592.00. 
The  State  received  approximately  one-thirteenth  of  the  tax  levied  on 
this  sum.  It  may  be  assumed  that  for  the  next  two  years  the 
situation  will  not  be  materially  changed.  According  to  an  opinion 
expressed  by  the  State  Auditor  and  State  Treasury  Department 
there  will  be  little,  if  any,  balance  in  the  general  fund  on  July  1, 
1917,  the  beginning  of  the  next  appropriation  period. 

The  estimated  receipts  of  the  general  revenue  for  the  two  years 
beginning  July  1,  1917,  and  ending  June  30,  1919,  are  $13,721,- 
400.00. 

The  estimated  expenditures  for  the  period  beginning  July  1,  1917, 
and  ending  June  30,  1919,  are  $12,803,660.00. 

Excess  of  receipts  over  expenditures,  $917,740.00. 

This  balance  will,  of  course,  be  understood  as  remaining  after 
estimated  expenditures  for  the  next  biennium  are  paid.  Good 
business  requires  that  a large  portion  of  this  sum  remain  in  the 
treasury  as  a working  balance.  You  should  provide  such  a condi- 
tion as  would  not  permit  the  exhaustion  of  the  treasury  at  any  time. 
If  you  provide  for  any  additional  expenditures  above  the  balance 
above  stated,  after  leaving  a reasonable  treasury  balance,  you  will, 
of  course,  have  to  provide  for  additional  revenue.  You  should  also 
make  your  appropriations  available  at  such  times  as  the  treasury 


— 4— 


is  in  receipt  of  funds  and  not  create  demands  that  may  be  made 
upon  it  at  any  time  of  the  year.  I suggest  that  you  consult  the 
treasurer  and  auditor  about  this  matter  as  it  is  very  important. 

THE  BUDGET. 

The  statute  provides  that  for  the  purpose  of  preparing  a budget 
the  departments  and  commissions  must  submit  statements  by  the 
15th  of  November.  This  does  not  give  time  enough  for  a careful 
study  and  preparation  of  a budget.  A day  should  be  fixed  much 
earlier.  Besides,  it  is  almost  impossible  for  the  Governor  to  work  out 
satisfactory  statements  and  estimates.  In  other  states  this  whole 
matter  is  submitted  to  experts  for  preparation  and  submission  to  the 
Governor.  I suggest  that  you  amend  the  law  by  .creating  a budget 
committee  to  be  composed,  perhaps,  of  the  chief  clerk  in  the  reve- 
nue department  in  the  Auditor’s  office,  the  State  Accountant  and 
the  Secretary  of  the  Executive  Council  and  that  the  budget  be  re- 
quired to  be  printed  and  submitted  to  the  Governor  for  his  examin- 
ation and  study  by  December  first  prior  to  the  meeting  of  the 
General  Assembly.  This  year,  because  of  the  delay  of  reports,  it 
could  not  be  had  prior  to  five  days  before  the  opening  of  the  session, 
and  therefore  careful  consideration  has  been  impossible.  I desire 
here  to  acknowledge  the  great  assistance  of  Mr.  W.  H.  Williams, 
Chief  Clerk  in  the  revenue  department  in  the  Auditor’s  office,  Mr. 
Frank  H.  Paul,  State  Accountant  and  Mr.  Ora  Williams,  Document 
Editor.  To  these  officials  is  due  the  real  credit  for  the  preparation 
of  the  budget. 

There  has  been  abstracted  for  your  easy  reference  and  study  and 
printed  as  a part  of  the  budget  a brief  statement  of  increases  or 
changes  in  appropriations  asked  for  in  the  different  departments. 
You  will  observe  that  there  is  quite  a general  request  for  increases 
of  salaries.  The  greatest  trouble  about  the  salary  question  is  the 
inequalities  that  exist.  Of  two  persons  holding  equally  responsible 
l')Ositions  and  rendering  practically  equivalent  service  there  may  be 
considerable  difference  in  compensation.  This  may  be  due  in  some 
measure  to  the  practice  of  allowing  department  heads  in  some  cases 
to  fix  the  compensation.  I do  not  regard  this  as  sound  policy.  It  in- 
vites to  favoritism.  It  may  be  due,  to  some  extent,  also,  to  legislative 
carelessness.  Some  salaries  are  fixed  by  law,  some  by  joint  resolution. 
In  some  cases  they  are  paid  out  of  a general  appropriation  to  a de- 
partment, in  others  out  of  the  general  fund.  I recommend  as  to 
salaries  that  you  endeavor  to  equalize  them  upon  some  sort  of  equit- 


-5— 


able,  classified  basis,  that  the  salaries  be  fixed  and  that  they  be 
paid  out  of  the  general  fund.  In  this  readjustment  you  can  deter- 
mine as  well  as  I as  to  whether  the  general  level  paid  should  be 
raised  and,  as  to  that,  therefore,  I make  no  recommendation,  except 
that  I think  you  should  take  into  consideration  the  cost  of  living, 
especially  as  applied  to  those  who  have  families  to  support. 

You  will  find  some  continuing  annual  appropriations  are  asked 
for.  I very  much  doubt  the  wisdom  of  such  appropriations,  except, 
possibly,  in  undertakings  of  great  magnitude  which  necessarily  ■ 
would  extend  over  a number  of  years.  As  a general  proposition  I 
hardly  think  such  appropriations  are  consistent  with  the  budgetary 
system  that  has  been  adopted.  It  eontemplates  that  the  General 
Assembly  shall  provide  for  the  next  biennial  period  and  no  more. 
Besides,  no  one  can  foresee  what  contingencies  and  necessities  may 
arise — conditions  which  may  command  large  expenditures  of  funds 
which  large  continuing  annual  appropriations  may  handicap.  It 
laay  be  laid  down  a,s  a general  truth,  also,  that  such  an  appropria- 
tion will  almost  certainly  be  spent.  It  invites  to  extravagence.  My 
recommendation  is  that  you  provide  for  the  years  which  are  yours 
and  leave  to  your  successors  the  duty  of  providing  for  theirs  when 
they  confront,  face  to  face,  all  the  conditions  that  may  then  exist. 

Some  of  you  may  be  astounded  at  the  amount  of  money  asked. 
It  is  nothing  unusual  at  all.  It  is  quite  likely  that  each  department 
and  institution  views  everything  from  its  standpoint  alone  and  not 
in  its  relation  to  the  needs  and  welfare  of  the  State  as  a whole. 
You  will  not,  therefore,  be  expected,  except,  possibly  in  rare  in- 
stances, to  grant  any  such  sums  as  are  asked  for.  You  should,  first 
of  all,  be  careful  to  provide  sufficiently  for  maintaining  all  of  the 
State  institutions  and  departments  at  their  present  standards  of 
efficiency,  and  to  continue  and  perfect  undertakings  already  en- 
tered upon.  After  that  you  should  proceed  with  great  care.  Al- 
ways new  buildings  and  extensions  are  asked  for  at  State  insti- 
tutions. The  askings,  as  a rule,  cover  the  extreme  of  the  desirable. 
As  individuals,  many  things  appeal  to  us  as  very  desirable,  indeed, 
but  conditions,  sane  living,  freedom  from  excesses,  forbid  indul- 
gence. It  is  for  you  to  say  in  considering  these  things  what  the 
policy-  of  the  State  under  the  present  abnormal  business  conditions 
siiall  be.  You  should,  in  my  judgment,  cut  down  these  requests  by 
very  large  amounts,  using  care,  however,  that  the  pruning  knife  is 
not  used  in  the  wrong  place. 


6- 


Tlie  budget,  with  the  abstract  of  requests  for  appropriations, 
increases  and  changes,  so  that  you  are  advised  at  once  of  exact  con- 
ditions, ought  to  enable  the  appropriations  committees  to  proceed 
immediately  with  their  work  and  ought  to  enable  you  to  do  un- 
usually efficient  and  discriminating  work.  There  can  be  no  excuse 
now  for  delay  until  the  end  of  the  session. 

PARDONS  AND  PAROLES. 

It  is  the  mandate  of  the  constitution  that  I shall  report  to  you 
every  case  of  reprieve,  commutation  and  pardon  granted,  with 
the  reasons  therefor  and  also  all  remission  of  fines  and  forfeitures. 
It  is  hardly  practicable  to  make  report  in  full  herein  so  I content 
myself  with  setting  out  the  substance  of  a separately  printed  re- 
port in  full  which  will  appear  on  your  desks. 

Upon  the  question  of  granting  a pardon  I have  referred  eight 
cases  to  the  Board  of  Parole  for  investigation  and  recommenda- 
tion. Two  of  these  cases  have  not  yet  been  reported  upon,  one 
was  withdrawn  by  the  applicant  himself  from  consideration  by 
the  Board,  one  died  while  his  case  was  under  investigation,  in  two 
cases  the  Board  recommended  commutation  of  sentence  to  fifty 
years,  and  in  one  ease  recommendod  suspension  of  sentence  and 
in  one  recommended  a pardon.  All  these  recommendations  by  the 
Board  were  granted. 

Prior  to  1915  I referred  two  applications  for  pardons  to  the 
Board  which  were  not  reported  upon  during  my  first  term  of  of- 
fice, but  later  they  reported  adversely  to  granting  either  of  them. 
I nevertheless  granted  both. 

I also  granted  a pardon  in  one  indeterminate  sentence  case 
on  recommendation  of  the  Board  and  also  in  one  county  jail  case 
upon  recommendation  of  the  trial  judge  and  the  county  attorney. 

I have  granted  thirty-five  suspensions  upon  recommendation  of 
the  Board,  one  upon  recommendation  of  the  trial  judge  and  one 
hundred  and  seventeen  from  county  jails. 

I have  restored  to  citizenship  forty-six  paroled  men  and,  upon 
recommendation  of  the  Board,  two  hundred  and  eighty.  There 
have  been  eight  revocations,  thirty-two  commutations  and  eigh- 
teen remissions  of  fines  and  forfeitures. 

THE  OFFICE  OF  BEE  INSPECTOR. 

The  state  inspector  of  bees  informed  me  a year  ago  that  it  was 
his  judgment  that  the  work  of  the  office  should  be  reorganized 
and  placed  under  the  directon  of  the  State  College.  In  his  last 


— 7— 


annual  report  he  outlines  his  reasons  which  seem  entirely  suffi- 
cient. I suggest,  therefore,  that  his  recommendations  be  adopted. 

Two  years  ago  I isubmitted  to  the  legislature  that  the  beekeep- 
ers of  the  state  felt  that  their  bees  should  be  taxed.  They  ask 
consideration  from  the  state  and  are  willing,  as  I understand  it, 
to  reciprocate  by  having  the  exemption  removed  and  assessors 
directed  to  list  their  bees  for  taxation,  thus  adding  a million  dol- 
lars to  the  assessed  valuation  of  property, 

CONSOLIDATION. 

There  are  in  several  departments  some  overlapping  of  work  and 
duplication  of  reports  made.  This  appears,  for  instance  in  the 
department  of  Industrial  Commissioner  and  Commissioner  of 
Labor,  notably  with  reference  to  accidental  injuries  and  perhaps 
in  other  particulars.  In  several  states  these  departments  are  ad- 
liiinistered  under  one  department  head.  I suggest  the  advisability 
of  an  examination  of  the  laws  of  those  states  for  the  purpose  of 
determining  whether  a change  could  be  made  in  our  methods 
which  would  promote  efficiency  or  reduce  expenditures. 

The  inspectors  under  the  Food  and  Dairy  Department  make 
inspection  of  hotels  for  some  purposes.  It  would  seem  that  while 
they  were  at  it,  their  inspection  might  just  as  well  be  for  all  pur- 
poses of  inspection  required  by  the  law,  or,  vice  versa,  the  regular 
hotel  inspectors  might  inspect  for  all  purposes.  I hardly  see  any 
reason  for  two  corps  of  inspectors. 

Under  the  county  accounting  department  the  examiners  visit 
every  county  in  the  state.  It  is  their  duty  to  check  up  the  ac- 
counts between  the  county  and  city  treasurers.  No  reason  is  per- 
ceived why  at  the  same  time  (and  it  would  take  very  little  addi- 
tional time)  they  should  not  check  up  the  cities  which  are  under 
the  examination  of  the  State  Municipal  Department.  It  is  not  dis- 
coverable that  there  is  any  excuse  for  such  a condition.  I recom- 
mend that  you  carefully  examine  into  all  these  matters  in  the  in- 
terest of  efficiency  and  economy, 

TUBERCULOSIS. 

I take  this  opportunity  to  commend  the  campaign  which  the 
State  Board  of  Control  has  carried  on  against  tuberculosis.  That 
great  progress  has  been  made  is  shown  not  only  by  the  general 
knowledge  which  our  people  have  in  its  prevention,  but  the  de- 
crease of  the  mortality  and  incidence  of  this  disease.  However, 


-8— 


there  is  one  aspect  of  this  campaign  to  which  I desire  to  direct 
particular  attention.  That  of  bovine  tuberculosis.  The  tubercu- 
losis cow  is  responsible  for  an  appreciable  amount  of  tuberculosis, 
especally  among  chldren.  It  is  manifest,  therefore,  that  repres- 
sive measures  should  be  established  to  control,  not  only  the  ani- 
mal herself,  but  milk  and  milk  products  as  well.  And  if  the  tu- 
berculosis dairy  cow,  as  a source  of  infection  to  human  beings, 
were  alone  considered,  it  would  be  sufficient  cause  for  drastic 
legslative  action,  but  beyond  this  there  is  a point  of  interest  of 
vast  economic  consequence. 

Tuberculosis  is  a serious  threat  to  the  live  stock  and  packing 
interests  of  our  state.  It  imposes  a heavy  tax  upon  these  indus- 
tries. The  following  statistics  submitted  from  some  of  the  abat- 
toirs operating  in  Iowa,  are  illuminating : 

(Exhibit  ‘‘A.’’)-  Total  hogs  killed  in  a six  months  period, 
182,049 ; the  live  weight  was  39,693,840  lbs.  Cost  $3,930,512.72. 
The  average  price  paid  per  hundred  pounds  was  $9.90.  Of  the 
total  number  killed,  1.87  per  cent  were  condemned  on  account  of 
tuberculosis,  as  unfit  for  food.  The  live  weight  of  the  condemned 
animals  was  707,485  pounds.  The  loss  of  $51,291.93,  or  13  cents 
per  hundred  live  weight  killed. 

(Exhibit  ''B.”)  161,334  Iowa  hogs  killed  in  the  period  of  one 

year,  of  which  25.4  per  cent  were  sent  to  the  retaining  rooms,  and 
2.12  per  cent  were  condemned  as  unfit  for  food  on  account  of  tu- 
berculosis. This  imposed  a tax  of  32.2  cents  per  hog,  or  a loss  of 
13.32  cents  per  cwt. 

The  report  of  the  Bureau  of  Animal  Industry  of  the  Federal 
government,  discloses  a most  disquieting  situation.  For  the  year 
ending  June  30,  1916,  a total  of  285,605  cattle  were  slaughtered 
by  Iowa  plants  where  federal  meat  inspection  is  maintained.  Of 
the  285,605  killed,  11,099  carcasses  were  retained  on  account  of 
tuberculosis.  Of  this  number  1,584  carcasses  were  condemned  as 
unfit  for  food  on  account  of  tuberculosis.  In  other  words,  tuber- 
culosis imposed  a toll  of  about  1 per  cent  of  the  total  number  of 
cattle  slaughtered  in  Iowa.  For  the  same  period,  the  report  shows 
a total  of  2,843,794  swine  slaughtered.  Of  this  number,  426,678 
were  retained  on  account  of  tuberculosis.  Of  the  426,678  retained, 
8,973',  or  2.1  per  cent,  were  condemned  as  unfit  for  food  on  ac- 
count of  tuberculosis. 


— 9— 


There  were,  Janary  1,  1916,  9,069,000  swine  in  Iowa.  It  is  ap- 
parent that  not  one-fourth  of  Iowa  hogs  slaughtered  are  packed 
by  Iowa  industries.  The  surplus  hogs  are  shipped  largely  to  Chi- 
cago, Sioux  City,  Omaha,  St.  Louis  and  eastern  markets,  and  pos- 
sibly it  may  be  only  a question  of  time  when  the  entire  packing 
business  of  the  nation  will  discriminate  against  the  Iowa  hog.  Al- 
ready tuberculosis  is  imposing  a tax  of  13  cents  per  hundred 
pounds  on  Iowa  hogs,  over  $2,000,000.00  annually. 

January  1,  1916,  there  were  4,128,000  head  of  cattle  in  Iowa,  of 
which  number  1,391,000  were  milk  cows.  The  federal  reports 
show  that  eight-tenths  of  one  per  cent  of  all  the  beef  cattle 
slaughtered  in  Iowa,  were  condemned  on  account  of  tuberculosis, 
as  unfit  for  food,  but  no  one  imagines  the  extent  of  this  disease 
to  be  that  low  in  dairy  and  breeding  cattle. 

It  is  also  demonstrated  that  the  prevalence  of  tuberculosis  in 
the  dairy  districts  is  vastly  greater  than  in  other  sections  of  the 
state.  Tuberculosis  cattle  transmit  the  disease  to  the  swine.  If 
the  control  of  tuberculosis  in  dairy  and  breeding  cattle  is  estab- 
lished by  the  state  the  problem  may  be  considered  to  be  in  pro- 
cess of  solution.  The  stock  and  dairy  interests  of  our  state  are  of 
great  importance,  and  the  approach  to  this  question  involves  not 
only  the  bovine  itself,  but  dairy  products  as  well.  It  is  not  wise 
for  an  intelligent  people  to  tolerate  so  great  a financial  drain,  or 
to  subject  her  people  to  the  imminent  perils  of  the  tuberculosis 
cow. 

I recommend  that  legislation  he  devised  by  which  to  control 
this  increasingly  serious  situation  in  our  state.  Three  main  points 
may  be  suggestive.  The  testing  with  tuberculin  of  all  dairy  and 
pure  bred  cattle,  partial  compensation  to  owners  of  all  condemned 
animals,  and  the  ownership  by  the  state  of  all  animals  so  con- 
demned. I am  informed  that  the  Federal  government  will  divide 
the  responsibility  with  the  state  of  Iowa,  and  will  co-operate  in 
any  progress  devised  to  eradicate  tuberculosis. 

RECOMMENDATIONS  HERETOFORE  MADE. 

Some  recommendations  I have  heretofore  made  I desire  to  re- 
peat. I repeat  them  because  I thoroughly  believe  they  should  be 
adopted.  Of  nothing  whatever  am  I more  thoroughly  convinced 
than  that  from  whatever  standpoint  it  may  be  viewed  the  house 
of  represenatives  and  the  senate  of  this  State  ought  each  to  be 


-10— 


reduced  in  numbers  one-half.  I doubt  very  much  if  there  could  be 
found  anywhere  any  argument  in  support  of  such  numbers  in  - 
State  legislative  bodies  by  anyone  of  commanding  ability  or  by  a 
recognized  student  of  State  governments.  I sincerely  hope  you  will 
not  carelessly  pass  this  suggestion  by  but  that  you  will  give  it  most 
sincere  consideration.  Rising  above  all  considerations  of  self,  of 
political  preferment,  come  to  the  question  as  if  it  were  an  original 
one  in  Iowa  government.  Let  it  be  provided  in  a proposed  amend- 
ment to  the  constitution,  in  a proper  form,  that  it  shall  be  in  force 
and  effect  at  a time  far  enough  in  the  future  to  disturb  no  one 
now  in  office. 

I have  heretofore  recommended  that  the  office  of  Railroad  Com- 
missioner should  be  appointive.  I am  more  and  more  convinced  of 
it 

I have  urged  before  that  there  ought  to  be  created  the  office 
of  business  manager  of  the  affairs  of  the  county.  I hardly  think 
that  anyone  could  give  a good  reason  why  this  should  not  be  done. 
Thousands  of  dollars  could  be  saved  to  the  people.  His  salary 
would  be  as  nothing  compared  to  his  value.  A budgetary  system 
could  be  worked  out  by  him  and  the  business  of  the  county  put  upon 
a business  basis.  Now  nobody  gives  any  real  attention  or  any  really 
sincere  expenditure  of  time  to  county  affairs.  No  genuinely  business 
institution  would  tolerate  such  a condition  of  affairs  one  day. 

As  to  court  procedure:  I say  again  in  my  judgment  the  law 
ought  to  provide  for  majority  verdicts  in  civil  cases. 

The  time  for  taking  appeals  ought  to  be  reduced.  What  reason 
can  be  given  for  hanging  up  a civil  or  criminal  case  for  six  months 
in  which  to  appeal? 

Interminable  latitude  in  the  examination  of  jurors  for  the  trial 
of  a cause  should  not  be  permitted.  Taking  days,  sometimes  weeks 
in  selecting  a jury  is  ridiculously  absurd.  The  court  should  be 
given  control  of  this  matter. 

On  appeal,  prejudice  should  not  be  presumed  and  there  should 
be  no  reversal  unless  the  court  could  say  the  jury  was  probably 
misled  by  the  error  of  the  court. 

If  a witness  in  a criminal  case  declines  to  become  a witness  in 
his  own  behalf  and  explain  the  facts  tending  to  establish  his  guilt, 
counsel  should  be  privileged  to  comment  on  that  fact  to  the  jury 
and  the  law  forbidding  it  should  be  repealed. 

I believe  the  grand  jury  should  be  abolished,  the  law  providing, 
however,  that  in  exceptional  cases  of  great  public  interest  and  con- 


-11— 


cern  the  District  Court  should  be  authorized  to  conveue  a ^rand 
jury  to  make  investigation. 

Two  years  ago  I urged  the  necessity  of  establishing  a medical 
department  in  the  State  Library  and  gave  what  then  seemed  to  me 
cogent  reasons  for  so  doing.  I repeat  the  recommendation  and  sin- 
cerely hope  you  will  not  fail  to  favorably  consider  a matter  of 
such  great  importance. 

Twice  before,  for  the  most  part,  I have  made  these  recommenda- 
tions and  I respectfully  refer  you  to  what  was  then  said  in  sup- 
port of  them. 

IOWA  INSURANCE  RATING  LAW. 

This  law  was  enacted  by  the  Thirty-sixth  General  Assembly. 
During  the  first  year  of  its  existence  it  was  subjected  to  much  ad- 
verse criticism.  Much  of  this  has  subsided,  or  at  least,  is  quiescent. 
However,  criticism  is  still  lodged  against  it  and  its  repeal  has  been 
suggested.  When  the  natural  eonservatism  of  the  human  mind  and 
the  advantages  gained  by  some,  under  old  methods,  are  considered 
this  is  not  surprising.  All  progress  has  ever  met  and  ever  will  meet 
with  such  opposition.  The  importance  of  this  matter  to  the  people 
of  the  State,  it  seems  to  me,  justifies  a brief  consideration  here. 

I desire  to  call  your  most  careful  attention  to  the  holding  of  the 
Supreme  Court  of  the  United  States  in  the  case  of  The  German  Alli- 
ance Insurance  Company  vs.  Superintendent  of  Insurance  of  the 
State  of  Kansas,  233  U.  S.  389,  because  of  the  elearness  and  con- 
clusiveness of  the  discussion  by  which  it  determines  that  the  business 
of  insurance  is  affected  with  a public  interest  and  that  its  contracts 
and  rates  may  be  subjected  to  governmental  regulation  in  the  in- 
terest of  the  public  welfare.  It  is  put  upon  exaetly  the  same  ground 
that  the  regulation  of  railway,  water,  light,  gas,  electricity  and  pub- 
lic warehouse  rates  is  put,  viz : that  a business  which  is  of  public  con- 
cern may  be  regulated  in  the  interest  of  the  public.  In  enacting  the 
insurance  law,  then,  the  legislature,  within  its  province,  determined 
that  it  was  for  the  common  good  and  the  court  held  that  it  violated 
no  constitutional  provision. 

Not  only  has  the  law  this  support  in  principle  but  it  had  almost 
nationwide  consideration  of  the  most  careful  kind  by  experts  in 
insurance  matters  chosen  from  the  supervising  officials  of  ten  of  the 
great  States  of  the  Union,  from  New  York  to  Idaho,  by  the  National 
Convention  of  Insurance  Commissioners  from  the  Insurance  De- 
partments of  all  the  States.  This  committee,  so  chosen,  held  meet- 
ings in  different  parts  of  the  country  for  more  than  a year  at  which 


—12 


there  were  heard  representatives  of  insurance  companies  and  per- 
sons engaged  in  rate-making.  ^‘The  economic  basis  of  fire  insur- 
ance rates,  the  methods  of  making  rates  and  the  relation  between 
rate-making  and  other  problems  of  fire  insurance,”  were  carefully 
and  exhaustively  studied.  The  recommendations  of  this  committee 
to  the  convention  after  such  prolonged  study  may  certainly  be  said 
not  to  contain  anything  not  reasonably  mature  and  sound  and  not 
in  accord  with  their  honest  convictions.  It  certainly  represented 
what  in  its  judgment  was  necessary  to  protect  the  insuring  public 
and  its  recommendations  are  embodied  in  the  Iowa  law.  The  In- 
surance Commission  of  Ontario,  Canada,  refers  in  its  report  to  this 
convention  as  ^‘the  most  important  non-legislating  association  in 
tlie  United  States  so  far  as  insurance  matters  are  .concerned,  ” and 
says  '^much  more  than  ordinary  importance  should  be  attached  to 
tiieir  findings,”  and  further  says  as  to  the  Iowa  law  that  it  is  be- 
lieved ‘4t  presents  a measure  more  nearly  akin  to  the  interests  and 
requirements  of  the  Province  than  any  other”  the  commissioner 
has  seen.  Mr.  Herman  L.  Ekern,  former  Insurance  Commissioner 
of  Wisconsin,  and  an  eminent  authority,  in  an  address  a few  months 
ago  said,  ‘‘The  Iowa  law  probably  reflects  most  closely  the  public 
sentiment  of  the  United  States  on  the  regulation  of  fire  insurance 
rates.  Not  only  did  this  State  follow  the  recommendations  sub- 
stantially of  the  convention  referred  to  but  so  also  did  Minnesota, 
Missouri,  Oklahoma  and  Kentucky  and,  in  part,  Michigan  and  Penn- 
sylvania” and  Kansas  has  a like  law.  The  law,  therefore,  rests 
upon  a sound  legal  principle,  it  represents  the  careful,  mature 
judgment  of  the  most  competent  men  upon  the  subject  under  con- 
sideration to  be  found  and  it  has  had  the  legislative  approval  of 
eight  states.  It  would  seem  to  rest  as  to  its  general  features  and 
purposes  upon  an  unshakable  foundation.  Besides,  the  State  of 
Iowa  should  never  relinquish  the  principle  of  rate  regulation  of  a 
business  affected  by  a public  use  as  it  would  do  in  part  by  a repeal 
of  this  law. 

Not  only  has  it  all  these  things  to  commend  it  but  actual  expe- 
rience also  should  comend  it  to  every  unprejudiced  mind.  Prior  to 
its  enactment  rates  were  merely  something  to  be  juggled  with  by 
agents,  rested  upon  no  scientific  basis,  embodied  no  principle  of 
uniformity  or  equity,  some  paying  more  and  some  less  than  war- 
ranted by  the  risk.  They  were  simply  subjects  of  dickering  between 
the  agent  and  the  insured.  The  premiums  paid  on  insurance  con- 
stitute the  fund  out  of  which  the  enormous  fire  losses  of  the  country 


-13- 


are  paid.  The  people  must  liave  insuranee  but  no  one  should  con- 
tril)ute  more  or  loss  to  said  fund  than  his  risk  would  warrant  so  far 
as  it  is  reasonably  possible  to  determine.  This  law  provides  for 
rate-making  bureaus  paid  by  the  companies  who,  after  surveys 
made  and  the  application  of  years  of  observation  and  experience, 
establish  in  the  first  instance,  rates  in  conformity  with  the  hazard. 
Classification  of  risks  are  made.  These  are  based  on  such  consider- 
ations, among  others,  as  kind  of  building,  condition,  location,  oc- 
cupancy, and  fire  fighting  facilities  available.  To  illustrate:  A 
town  without  water  protection  falls  in  a higher  class  rate  than  one 
well  supplied.  Like  hazard,  like  risk.  Hence  the  law  contemplates 
uniformity,  equity.  There  can  be  no  discrimination  any  more.  Just 
as  there  can  be  no  discrimination  in  freight  rates  or  passenger 
fares  any  more.  Besides,  this  law  tends  to  reduce  fire  loss.  It  stim- 
ulates better,  safer  building,  correction  of  fire  danger,  better  fa- 
cilities for  suppressing  fire  because  these  things  reduce  the  hazard 
and  the  rate.  The  law  is  flexible  as  between  the  companies  and  bu- 
reaus and  permits  variation  from  bureau  rates  and  thus  compe- 
tition, but  there  can  be  no  variation  except  on  notice  and  the  whole, 
bureaus  and  companies,  are  under  the  direct  supervision  of  the 
Insurance  Commissioner.  Any  person  may  carry  a complaint  to 
him  and  may  appeal  from  him  to  the  district  court.  In  the  begin- 
ning of  the  operation  of  this  law  some  predicted  that  millions  of  dol- 
lars more  would  be  taken  from  the  people  in  premiums.  This  is 
only  the  reception  that  forward-moving,  constructive  legislation 
always  receives.  The  fact  is,  as  shown  by  the  records,  that  the  av- 
erage rate  paid  in  1915  was  lower  than  ever  before  in  the  history 
of  the  State.  It  is  simply  the  old  cjnestion  of  regulating  in  the  in- 
terest of  the  whole  people,  business  which  is  of  public  concern  and 
which  question  it  had  been  thought  was  settled  in  Iowa.  Certainly 
the  public  welfare  requires  that  the  law  in  all  its  essential  features 
and  purposes  be  retained. 

NEW  COMPANIES. 

A very  proper  subject  for  your  consideration  in  connection  with 
insurance  is  the  matter  of  the  regulation  and  control,  so  far  as  can 
be  done,  of  new  companies  prior  to  the  time  they  receive  their 
license  and  enter  upon  an  actual  insurance  business.  I do  not  know 
of  any  ground  for  criticism  of  any  company  in  the  promotion  stage 
in  Iowa,  but  in  some  other  States  methods  have  obtained  which 
occasioned  the  loss  of  hundreds  of  thousands  of  dollars  to  purchasers 
of  promotion  stock.  The  organization  of  new  companies  are  on  every 


—14— 


liand  throughout  the  country.  Capital  stock  may  be  sold  at  two  or 
three  for  one  and  such  portion  of  the  surplus  as  may  be  desired  by 
tlie  promoters  appropriated  for  promotion  expenses  such  as  payment 
of  salaries,  commissions  for  sales  of  stock,  rents,  equipment,  supplies, 
anything.  Sometimes  the  whole  scheme  has  seemed  to  be  organized 
for  the  purpose  of  fleecing  the  public.  ‘ ‘ The  Western  Underwriter,  ’ ’ 
published  in  Chicago,  in  a recent  article  discussing  this  question  said 
“the  time  has  arrived  when  a law  should  be  enacted  giving  the 
State  Insurance  Department  regulation  over  companies  in  process 
of  promotion”  and  that  such -a  law  should  be  “one  of  the  earliest 
to  be  passed  at  the  next  session  of  the  legislature.”  An  Insurance 
efournal  published  at  Atlanta,  Georgia,  was  at  about  the  same  time 
suggesting  the  same  thing.  In  this  State  from  the  time  when  the 
articles  of  incorporation  are  filed  to  the  time  when  license  to  begin 
tmsiness  is  granted,  the  State  has  no  jurisdiction  over  the  company. 
If  it  never  gets  to  the  point  of  writing  insurance  the  stockholder 
has  no  protection.  The  insurance  laws  of  this  State,  in  my  judg- 
ment, are  to  be  very  highly  commended,  except  in  this  omission  to 
place  the  new  company  under  the  jurisdiction  of  the  Insurance  De- 
j)artment  immediately  upon  the  approval  of  its  articles  of  incor- 
poration. The  law  should  limit  the  percentage  to  be  paid  on  com- 
missions, salaries,  etc.  It  should  require  that  the  subscription  con- 
tract specifically  define  the  proportion  which  may  be  used  for  ex- 
penses. It  should  require  that  copies  of  all  contracts,  advertisements, 
iiterature  and  other  papers  be  filed  with  the  Commissioner  and 
that  the  promotion  of  the  company  in  general  be  under  his  super- 
vision. This  would  be  some  protection  to  the  public  while  other- 
wise there  is  practically  none  against  any  one  w^ho  might  conceive 
the  idea  of  promoting  an  insurance  company.  I recommend  that 
the  law  be  so  amended.  No  honest,  high-minded  organizer'  and 
promoter  of  a company  could  or  would  criticise  such  a provision 
but  rather  would  commend  it  as  placing  insurance  upon  a high 
plane  and  establishing  it  in  the  confidence  of  the  people. 

THE  STATE  FIRE  MARSHAL. 

There  is  an  overlapping,  or,  at  least  to  some  extent,  a similarity 
of  wmrk  done  and  results  attained  in  the  office  of  the  Fire  Marshal 
and  the  Department  of  Insurance.  In  the  matter  of  fire  preven- 
tion they  are  closely  related.  The  rating  law  is  a very  potent  fac- 
tor for  reducing  fire  hazards  because  through  its  operation  the  in- 
spection of  rated  risks  in  cases  of  complaint  is  necessary  and  be- 
cause its  natural  tendency  and  purpose  is  to  eliminate  dangers 


—15 


from  fire  and  prompt  the  installation  of  equipment  to  prevent  fire 
loss.  An  inspector,  understanding  the  rating  system,  could  at  the 
same  time  suggest  improvements  in  the  way  of  reducing  both  the  fire 
hazard  and  insurance  rates.  This  service  would  enlarge  that  now 
done  from  the  office  of  the  Fire  Marshal  and  at  no  greater  ex- 
pense. In  fact,  it  seems  to  me  that  the  duties  of  the  Fire  Marshal 
naturally  belong  to  the  Department  of  the  Insurance  Commissioner 
and  should  be  administered  by  it.  In  some  States  this  is  done. 
(\msiderable  money  is  expended  in  the  way  of  prosecutions  con- 
nected with  suspicious  fires  and  a question  may  be  raised  as  to 
whether  it  is  justified  by  results.  The  real  value  to  the  people 
comes  through  the  work  of  inspection  and  fire  prevention  and  the 
reduction  of  the  cost  of  insurance  must  depend  upon  the  reduction 
of  the  amount  of  fire  waste.  I believe  it  would  be  to  the  advantage 
of  both  departments  and  to  the  State  if  they  were  consolidated  and 
I so  recommend.  The  ferreting  out  of  arson  cases  could  and  should 
be  a part  of  the  duties  of  the  State  Agents. 

THE  BOARD  OF  PAROLE. 

The  law  makes  it  the  duty  of  the  Board  of  Parole  to  render  such 
assistance  as  may  be  necessary  to  the  success  of  the  parole  sys- 
tem in  procuring  employment  for  paroled  prisoners.  A large  part 
of  the  success  of  the  system  has  been  due  to  the  patient,  earnest 
work  of  the  Board  in  this  particular.  A sympathetic  oversight 
and  constant  interest  is  maintained  in  the  man,  resulting  in  great 
helpfulness  to  him  as  long  as  he  is  under  parole.  He  is  sustained 
by  the  consciousness  that  the  state  is  interested  in  his  welfare. 

During  1916  the  Board  granted  385  paroles  from  prison  and  27 
on  the  recommendaton  of  judges  and  county  attorneys.  All  these 
men  were  furnished  employment  and,  so  long  as  under  parole, 
have  the  care,  helpfulness  and  advice  of  the  Board. 

I recommend  that  the  law  be  amended  so  that  it  will  require 
that  all  paroles  granted  by  judges  be  to  the  Board  of  Parole.  Then 
the  paroled  man  will  immediately  come  under  its  supervision,  a 
spirit  of  helpfulness  and  personal  interest  will  immediately  sur- 
round him.  If,  however,  he  is  paroled  to  some  individual,  charged 
with  no  particular  duty  toward  him,  it  is  often  the  case  that  he 
drifts,  little  is  known  of  him  and  little  encouragement  extended. 
The  work  of  the  Board  is  so  organized  that  it  is  ever  in  communi- 
cation with  him  and  that  to  help.  For  this  reason  I make  this 
recommendation. 


-16- 


THE  GOOD  ROADS  QUESTION. 

The  public  highway  question  has  been  an  urgent  one  for  fifteen 
years,  or  more.  Every  session  of  the  legislature  has  dealt  with  it 
to  some  extent.  The  law  has  grown  better  all  the  time  and  there 
has  been  constant  improvement  in  the  roads,  very  rapid  in  the 
last  four  or  five  years.  The  question  will  doubtless  receive  con- 
sideration by  you.  I see  no  reason  why  it  should  not  be  ap- 
proached in  the  unanimous  desire  to  find  and  do  the  best  thing 
for  the  progress  and  good  name  of  the  state.  Why  should  such  a 
question  involve  bitter  feeling?  It  is  unthinkable  that  any  one 
could  be  found  who  does  not  hold  good  roads  to  be  very  desirable 
and  essential  to  the  economic  interests  of  the  state.  It  is  simply 
a question  of  methods.  All  appreciating  the  inestimable  value  of 
a result,  shall  it  fail  of  attainment  because  of  an  unseemly  con- 
tention about  ways  and  means?  Especially  should  anything  of 
tliis  kind  occur  when  nobody  anywhere  is  proposing  to  lay  an 
additional  burden  to  the  extent  of  one  dollar  upon  anybody? 
Should  anything  of  this  kind  occur  when  the  law  already  fully 
provides  means  for  financing  all  that  is  desired  and  hoped  for  in 
good  roads?  Should  there  be  any  such  result  when  the  applica- 
tion of  business  methods  to  the  expenditure  of  funds  would  save 
their  dissipation  and  secure  them  for  permanent  enjoyment? 
Should  there  be  any  such  result  when  it  seems  clear  that  in  those 
communities  of  the  state  where  the  people  have  gone  ahead  and 
built  roads,  surfaced  with  gravel  after  approved  plans,  that  lands 
have  advanced  more  rapidly  in  value,  and  especially  where  the 
consolidated  school  has  been  added,  than  in  other  parts  of  the 
state  where  there  has  been  opposition  or  refusal  to  advance? 
Should  a contention  about  ways  and  means  result  in  failure  to  go 
forward  in  the  face  of  the  testimony  of  four  hundred  farmers  in 
letters  to  the  Better  Roads  Commission  of  the  increased  value  of 
land  and  other  advantages  where  such  roads  as  are  proposed  in 
Iowa  have  been  built?  Could  there  really  be  left  anything  to  con- 
tend about  when  the  roads  themselves  demonstrate  the  wonderful 
improvement  under  the  Highway  Commission,  when  15,000  per- 
manent bridges  and  culverts  speak  with  eternal  voice  in  approval 
of  methdos,  when  an  annual  saving  to  the  people  of  $4,000,000  is 
realized  by  the  Commission  and  when  only  by  the  retention  of  it 
can  the  more  than  two  million  dollars  be  secured  from  the  govern- 
ment and  when  the  Avisdom  and  efficiency  of  the  laAv  is  appealing 


—17— 


to  other  states  as  a model?  “Wherefore,  seeing-  that  we  are  com- 
passed about  with  so  great  a cloud  of  witnesses  what  manner  of 
Iversons  ought  we  to  be?”  Have  not  all  movements  of  mankind  to- 
ward betterment  been  opposed?  Has  not  all  progress  cost  some- 
thing? Is  it  not  the  settled  conviction  of  all  men  that  it  has  been 
worth  infinitely  more  than  it  cost  ? 

Nobody,  so  far  as  I know,  has  ever  at  any  time  advocated  a 
bonded  State  indebtedness  of  any  amount  to  raise  money  for  road 
construction.  What  has  been  suggested  is  that  any  county  should 
be  allowed,  at  its  option,  to  anticipate  its  highway  revenues,  al- 
ready provided  for,  by  issuing  serial  bonds  running  over  a brief 
period  of  years  and  using  the  money  thus  secured  in  a compre- 
hensive and  economical  sort  of  way  in  road  construction.  This  it 
could  thus  do  and  the  economy  of  it  would  more  than  cover  the 
interest  outlay  on  the  money.  This  would  be  doing  business  in  a 
large  way  and  realizing  upon  it  at  once  and  not  in  a “gim- 
Iciy”  way  with  corresponding  results.  This  would  be  spending 
your*  money  and  having  something  for  it  at  once.  This  is  the 
way  the  business  of  the  world  has  ever  been  done  by  men  of 
energy  and  foresight  and  success.  It  is  the  way  that  every 
county  represented  here  today  has  built  bridges,  court  houses 
and  school  houses.  It  is  the  way  cities  have  been  built.  It  is 
the  way  the  great  business  of  this  city,  and  every  other  on 
earth,  has  been  established  and  developed.  But  for  this  prin- 
ciple and  method  the  great  railway  systems  of  this  country 
would  not  have  been  possible.  But  for  it,  many  times,  a railway 
could  not  increase  or  renew  its  engines  and  cars.  But  for  it  the 
great  liners  would  not  be  plowing  the  ocean.  But  for  the  invoca- 
tion of  this  principle  of  credit  the  whole  Mississippi  Valley  and 
the  Great  West  would  be  a slightly  developed  land  and  the  life  we 
enjoy  impossible.  The  fact  is  that  the  whole  vast  domain  west 
of  the  Great  River  and  east  of  it  as  well  is  pledged  and  has  been, 
since  a people  endowed  with  unshakable  courage  came  into  it,  to 
the  building  of  a great  nation  now  and  enjoying  it  now  in  its 
beneficence  and  power  rather  than  wait  the  slow  progress  of  the 
ox  and  be  chained  everlastingly  to  the  life  and  methods  of  the 
prairies  and  the  woods  a century  ago.  The  whole  thing  as  it  is 
today  is  based  upon  an  anticipation  of  revenues. 

A vast  majority  of  the  farmers  of  Iowa,  I venture  to  say,  ac- 
quired their  farms,  in  whole,  or  in  part,  by  an  anticipation  of  rev- 


-18- 


enues  from  them.  They  paid  part  down,  mortgaged,  or  bonded, 
them,  in  anticipation  of  what  they  could  be  made  to  produce,  and 
went  to  work  and  from  the  revenues  paid  off  the  mortgages  and 
in  the  meantime  owned  and  enjoyed  them  for  five  or  ten  years,  the 
length  of  the  mortgages.  Is  there  anything  alarming  in  all  this? 
Is  there  anybody  anywhere  that  has  not  been  benefited  or  who  has 
not  profited  by  the  anticipation  of  revenues  by  the  great  business  en- 
terprises of  the  country?  Of  course  good  business  judgment  and 
foresight  are  always  to  be  exercised  in  anticipating  future  possi- 
bilities but  here  are  the  road  revenues.  Their  income  is  certain. 
No  elment  of  chance  can  intervene.  Why  fear  to  apply  the  prin- 
ciple here,  applied  everywhere  else?  Why  not  authorize  town- 
ships and  counties  that,  desire  to  do  so  to  proceed  in  this  way? 
If  there  is  nothing  compulsory  about  it  what  can  be  the  objection? 
The  highway  question  is  of  the  greatest  importance  to  the  State. 
It  is  the  opening  of  a new  era  in  the  development  of  this  country. 
I pray  you  do  not  allow  any  retrogression.  Think  out  carefully 
and  dispassionately  whatever  you  do. 

I commend  to  your  careful  consideration  both  the  report  of  the 
Better  Roads  Commission  and  the  separate  and  additional  sug- 
gestions of  Mr.  James  C.  Davis  of  that  commission.  These  will 
reach  your  desks.  These  gentlemen,  at  my  request,  cheerfully 
served  on  this  commission  wholly  in  the  interest  of  the  public  wel- 
fare and  entirely  at  their  own  expense.  I want  in  this  public  way 
to  convey  to  them  my  personal  appreciation  and  thanks  and  I am 
sure,  also,  that  of  disinterested,  unselfish  citizenship  everywhere. 
In  view  of  their  work  I need  do  nothing  more  than  refer  to  the 
Federal  Aid  Act. 

The  Congress  passed  an  act  to  provide  aid  by  the  United  States 
in  the  construction  of  roads.  Under  this  act  I have  been  notified 
by  the  Department  of  Agriculture  that  there  has  been  appor- 
tioned to  this  state  for  1917,  the  sum  of  $146,175.60'  and  that  it  is 
stimated  that  during  the  next  four  years  the  apportionment  will 
be  as  follows : For  1918,  $292,351.20 ; 1919,  $438,526.80 ; 1920, 
$584,702.40;  and  for  1921,  $730,878.00,  or  a total  in  five  years  of 
$2,192,634.00. 

The  act  provides,  however,  that  no  money  apportioned  under 
it  shall  be  expended  in  any  state  until  its  legislature  assents  to  its 
provisions,  except  that  until  the  final  adjournment  of  the  first 
regular  session  of  the  legislature  held  after  its  passage  the  assent 


—19— 


of  the  governor  shall  be  sufficient.  On  August  12th  last  I filed 
with  the  Department  of  Agriculture  formal  assent  to  the  provi- 
sions of  the  act.  The  question,  therefore,  as  to  whether  this  state 
will  avail  itself  of  these  provisions  is  for  you  to  determine  before 
adjournment.  If  assent  by  formal  act  is  given  by  you  it  must  be 
understood  that  the  state  will  make  available  sufficient  funds  to 
match  the  federal  appor^tionment  in  its  co-operation  with  the  De- 
partment of  Agriculture  in  the  constructon  of  any  roads  agreed 
upon  between  that  Department  and  the  State  Highway  Depart- 
ment. It  is,  as  I suppose,  entirely  immaterial  from  what  source 
the  state  pledges  these  funds  in  advance — whether  from  direct 
appropriations  or  from  tax  levies  already  provided  for  or  from 
funds  derived  from  automobile  licenses.  There  was  expended  in 
the  state  in  1915  for  road  and  bridge  construction  purposes  ap- 
proximately $13,525,364.00.  A small  portoin  of  this  would  meet 
all  the  requirements  of  the  Federal  Act.  Assuming  that  the  auto- 
mobile licenses  for  1917  and  from  year  to  year  will  aggl'legate 
$2,000,000.00  the  Federal  apportionment  could  be  secured  by 
pledging  a portion  of  this  fund,  and,  in  this  way,  it  seems  to  me, 
you  should  meet  the  government  requirement. 

Mr.  James  C.  Davis  in  his  discussion  already  herein  referred  to 
has  made  such  a clear  and  complete  analysis  of  the  duties  of  the 
state  in  oijder  to  avail  itself  of  the  provisions  of  the  Act  of  Con- 
gress that,  with  his  permission,  I embody  the  same  herein  and 
make  it  a part  of  my  urgent  recommendation  that  you  enact 
such  legislaton  as  may  be  necessary  to  that  end. 

He  says : 

First — Accept  the  provisions  of  the  act  by  legislative  enact- 
ment. 

Second — Have  a State  Highway  Commission  or  State  Highway 
Department. 

Third — Have  a definite,  comprehensive  and  practicable  plan  of 
road  improvement  covering  a five-year  period. 

Fourth — Such  plan  as  the  state  may  adopt  must  be  submitted 
for  the  approval  of  the  Secretary  of  Agriculture. 

Fifth — There  must  be  an  agreement  between  the  Secretary  of 
Agriculture  and  the  State  Highway  Commission  as  to  the  charac- 
ter! of  the  proposed  road  construction. 

Sixth — the  work  must  be  done,  as  provided  by  the  state  laws, 
under  the  supervision  of  the  State  Highway  Commission. 


-20- 


Seventh — The  state  must  adopt  a reasonable  plan  for  the  main- 
tenance of  roads  receiving  Federal  aid. 

THE  CAPITOL  GROUNDS. 

The  Executive  Council  in  developing  the  grounds  ordered  purchas- 
ed by  the  Thirty-fifth  General  Assembly  has  proceeded  in  all  respects 
as  directed  to  do  by  the  law  and  not  otherwise.  The  law  itself  sub- 
mitted a plan  and,  so  far  as  the  work  has  proceeded,  ’it  has  followed 
that  plan.  The  wisdom  of  the  law  is  revealed  in  many  particu- 
lars but  in  none  more  than  that  the  development  of  the  grounds 
was  not  to  be  left  to  haphazard,  or  diversified  notions  of  succeed- 
ing legislatures  but  to  the  genius  of  a world-renowned  landscape 
architect.  When  the  whole  is  completed  and  the  years  have  given 
the  growth  of  grass  and  flowers  and  shrubs  and  trees,  interspersed 
by  walks  and  drives,  the  far-vision  of  that  legislature,  doing  a 
work  for  all  the  centuries,  will  be  approved  by  larger  and  larger 
numbers  even  as  it  is  now.  Interference  in  any  respect  with  the 
plan  is,  it  seems  to  me,  to  mar  it.  It  rests  in  the  mind  of  the  archi- 
tect as  a whole.  Each  thing  in  the  plan  has  relation  to  the  whole. 
Should  the  untrained,  the  unskilled  take,  for  instance,  the  sculp- 
tor’s work,  out  of  his  hands  to  give  it  better  expression,  or  should 
the  artist  surrender  his  picture,  nearing  completion,  to  the  painter 
of  houses  to  bring  out  the  fine  lineaments  of  the  face  and  put  the 
light  in  the  eyes?  Among  men  and  women  who  have  given  their 
lives  to  the  study  of  landscape  art  and  the  relation  of  buildings  to 
each  other  and  to  monuments  and  of  monuments  to  each  other,  and 
who  have  visited  these  grounds  or  examined  the  plans  there  is  no 
difference  of  opinion,  all  concurring  that  the  plans  are  artistically 
correct. 

The  law  was  wise  in  providing  funds  through  a sufficient  number 
of  years  to  perfect  the  work  as  planned.  It  is  sincerely  to  be  hoped 
that  no  diversion  will  be  ordered  until  the  work  is  some  further 
years  advanced  if  ever  at  all.  The  tax  levy  ordered  per  annum  is 
not  burdensome,  not  exceeding  four  and  one-fourth  cents  per  thou- 
sand dollars  of  assesed  valuation.  May  not  Iowa  become  famous  for 
having  made  one  spot  out  of  her  millions  of  acres  supremely  at- 
tractive and  beautiful  and  that  at  the  seat  of  her  government,  sur- 
rounding splendid  buildings,  to  come  in  the  near  and  also  in  distant 
years,  themselves  a part  of  the  satisfying  whole  ? The  appeal,  gen- 
tlemen, is  to  you  and  those  who  shall  succeed  you.  The  voice  is  of 
the  present;  it  is  the  cry,  also,  of  the  future. 


-21- 


A NEW  BUrLDTNa  AT  THE  CAPTTAIv. 

A new  building  on  the  eapitol  orounds  for  the  State’s  business  is 
an  imperative  necessity.  Other  buildings  may  have  been  needed 
heretofore  at  other  places  and  may  be  now  for  State  purposes  but 
never  at  any  time  could  there  have  been  a more  compelling  ne- 
cessity than  exists  here  at  this  moment.  Every  effort  has  been  made 
by  the  Executive  Council  to  house  the  business  of  the  State  and  it 
Lms  succeeded  in  only  the  most  unsatisfactory  and  inconvenient 
way.  It  simply  cannot  be  done  any  longer.  It  could  not  have  been 
done  as  it  is  if  the  State,  in  extending  the  grounds,  had  not  bought 
some  buildings,  once  residences,  that  could  be  used.  They  are 
not  adapted  to  the  uses  to  which  they  are  put.  The  Capitol  build- 
ing proper  is  crowded  beyond  its  capacity.  Use  for  storage  pur- 
poses is  practically  everywhere  and  confusion  reigns.  The  Execu- 
tive Council  has  partitioned,  made  doorways,  gone  out  into  the  ro- 
tunda and  disfigured  it,  as  you  have  observed,  until  the  limit  has 
been  reached,  indeed,  far  exceeded.  Some  of  the  buildings  outside 
sre  old,  unsuitable,  and  constantly  in  danger  from  fire.  For  in- 
stance, the  building  occupied  by  the  Dairy  and  Food  Commissioner 
is  an  old  dilapidated  flat.  The  State  Architect,  reporting  upon  its 
condition,  says  it  may  justly  be  called  a ^'fire-trap.”  The  two  old 
hot  air  furnaces  are  a ‘‘source  of  danger.”  “The  plastering  is 
old  and  much  of  it  is  ready  to  fall  at  any  time  if  the  building  or 
floors  are  suddenly  jarred,  as  when  packages  are  moved  or  dropped.  ’ ’ 
“The  outer  walls  are  badly  cracked  in  all  fronts”  and  “the 
structure,  as  a whole,  is  in  bad  condition.  ’ ’ And  yet  the  equipment 
and  fixtures  used  in  the  building  are  conservatively  valued  at 
SI 5,000.00.  Much  the  same  could  be  said  of  the  buildings  north  of 
the  Capitol  occupied  by  the  State. 

The  great  law  and  reference  library  in  this  building,  .hardly 
surpassed  anywhere,  worth  half  a million  dollars,  is,  in  the  upper 
galleries,  disintegrating  in  the  extremely  dry  heat  that  necessar- 
ily prevails  under  such  conditons.  It  is  almost  criminal  reckless- 
ness to  continue  such  a situation. 

Nobody  calls  in  question  the  great  need,  but  something  of  a 
controversy  has  arisen  as  to  whether  the  new  building  should  be 
known  as  an  “Office  Building”  or  a “Judiciary  Building  or  Tem- 
ple of  Justice.”  Into  this  discussion  I shall  not  enter.  I shall  only 
say  that  this  General  Assembly  wdll  greatly  fail  of  its  duty  if  it 
does  not  provide  for  a new  building  here,  or  the  commencement 
of  one  at  the  earliest  possible  day. 


—22— 


THE  DIRECT  PRIMARY. 

The  nomination  of  candidates  for  public  office  in  this  State  by 
a primary  election  has  been  in  vogue  for  a period  of  ten  jmars — 
a long  enough  time  to  give  its  efficiency  and  adaptability  to  the 
purposes  designed  by  its  advocates  a reasonable  test.  Results 
from  the  beginning  have  not  been  entirely  satisfactory.  Changes 
from  time  to  time  have  been  made  in  the  hope  of  making  it  an  ap- 
proved instrument  of  popular  government.  No  improvement  has 
been  perceived.  It  seems  to  have  been  continually  losing  ground 
in  the  minds  of  thoughtful  men  sincerely  interested  in  good  gov- 
ernment. To  test  the  public  mind  of  the  state  on  the  subject  I 
some  weeks  ago  sent  out  quite  a large  number  of  letters  to  men 
of  all  parties  and  former  factions  asking  whether  they  were  sat- 
isfied with  the  law,  not  simply  in  theory,  but  in  its  practical  appli- 
cation, and  if  not,  why,  and  whether'  they  would  recommend  a 
change,  and  if  so  in  what  particulars.  Almost  all  responded  and 
not  one  said  he  was  entirely  satisfied.  All  but  two  or  three  ex- 
pressed thorough  dissatisfaction  and  disappontment.  Nearly  all 
recommended  very  radical  changes,  many  denounced  it  as  subver- 
sive of  representative  government  and  favored  its  repeal.  Many 
of  those  who  were  its  staunchest  advocates  in  the  beginning  and 
who  were  in  considerable  measure  responsible  for  its  enactment 
were  as  severe  in  their  criticism  of  results  as  many  of  those  who 
never  regarded  it  with  favor. 

A wave  of  popular  discontent,  which  swept  over  the  country 
something  like  a decade  ago  and  had  a very  substantial  founda- 
tion, occasioned  much  legislation  in  many  States  based  upon  the 
thought  that  the  people  should  participate  m^ore  directly  in  mat- 
'i  IS  of  government,  going  to  the  extent  in  some  states  of  enact- 
ing provisions  which  might  practically  abdicate  the  functions  of 
the  legislature.  This  was  thought  to  be  demanded  by  the  exi- 
gency of  the  time  and  entirely  justifiable  in  a democracy.  This 
whole  matter  opens  a very  interesting  field  for  study  and  discus- 
sion which,  of  course,  cannot  be  entered  upon  here,  inviting  as  it 
is.  It  must  suffice  to  say  that  ours  is  not  a pure  democracy.  We 
have  a democratic  republic.  James  Madison,  referring  to  this 
question  in  the  Federalist,  said:  ‘‘Such  democracies  have  ever' 

been  spectacles  of  turbulence  and  contention;  have  ever  been 
found  incompatible  with  personal  security  or  the  rights  of  prop- 
erty ; and  have  in  general  been  as  short  in  their  lives,  as  they  have 


—23. 


been  violent  in  their  deaths.”  Further  he  said:  “By  a rexjublic 
I mean  a government  in  which  the  scheme  of  representation  takes 
place.  The  two  great  points  of  difference  between  a democracy 
and  a republic  are,  first,  the  delegation  of  the  government,  in  the 
latter,  to  a small  number  of  citizens  elected  by  the  rest ; secondly, 
the  greater  number  of  citizens  and  greater  sphere  of  country  over 
which  the  latter  may  be  extended.”  I suppose,  however,  a re- 
public might  extend  over  any  extent  of  territory.  But  a pure 
democracy  is  clearly  incompatible  with  such  a vast  extent  of 
country  as  the  United  States.  To  my  mind  it  is  just  as  clearly 
impossible  of  ultimate  success  in  a continued  high  order  of  gov- 
ernment in  a state  such  as  Iowa,  with  a population  of  2,358,066 
people,  containing  more  than  684,000  entitled  to  vote.  It  was 
clearly  possible  in  New  England  colonial  town  meetings.  It  is 
still  successful  in  such  ventures.  Switzerland  is  often  referred 
to,  but  Iowa  is  three  and  a half  times  as  large  as  Switzerland. 
Besides,  Switzerland  is  divided  into  twenty-five  cantons,  each  sov- 
ereign and  each  but  little  larger  than  one  Iowa  county.  In  the 
canton  of  Zurich,  next  to  the  largest  in  population  in  the  confed- 
eration and  probably  the  most  intelligent,  in  ninety-two  succes- 
sive instances  of  measures  submitted  by  referendum  to  the  people 
only  77%,  on  an  average,  of  the  total  vote  was  cast  and  of  this 
20%  was  invalid  or  blanks,  leaving  only  57%  valid  votes  cast  and 
23%  per  cent  of  the  voters  not  voting  at  all.  Of  the  votes  cast 
one-fourth  of  them  were  cast  by  persons  who  either  felt  they  were 
not  well  enough  informed  to  vote,  or,  in  general,  they  were  lack- 
ing in  intelligence,  and  23%  had  not  interest  enough  to  vote  at 
all.  Therefore,  the  issues  in  these  cases  were  determined  by  a 
majorty  of  the  50%  voting  or,  doubtless,  by  a small  minority  of 
the  voters  of  the  canton.  This  was  the  result  in  a unit  of  govern- 
ment but  little  larger  than  an  Iowa  county.  This  manifests  the 
want  of  interest  and  intelligent  grasp  of  the  questions  involved 
by  reason  of  failure  and  even  impossibility  of  the  people  inform- 
ing themselves.  This  may  easily  result  in  government  by  a mi- 
norit}^  This  is  the  result  in  the  best  and  longest  tried  democracy 
and  this  ever  has  been  and  ever  will  be  the  result.  It  is  simply 
impossible  to  ultimate  otherwise.  I cannot  but  reach  the  conclu- 
sion that  those  who  see  in  our  primary  laws  a tendency  toward 
the  destruction  of  the  representative  principle  upon  which  this 
government  was  built  are  right.  They  lead  away  from  the  moor- 


-24— 


ings  cast  by  the  fathers  and,  in  this,  we  may  well  pause.  It  was 
Lord  Chatham,  one  of  the  most  profound  statesmen  in  English 
history,  who  said  of  them,  ‘‘For  solidity  of  reason,  force  of  saga- 
city and  wisdom  of  conclusion  under  a complication  of  difficult 
circumstances  no  nation  or  body  of  men  can  stand  in  preference,” 
and  that  estimate  for  morfe  than  one  hundred  and  twenty-five 
years  of  our  experience  as  a democratic  republic,  has  stood  un- 
challenged as  the  judgment  of  all  the  earth.  They  were  the  rep- 
resentatives of  the  people  laying  the  foundations  of  a republic  in 
a new  world.  They  were  ordaining  a constitution  that  was  to  for- 
ever protect  the  people  against  themselves,  that  was  to  be  the 
fortress  of  protection  for  the  minority.  As  representatives  they 
said,  “We  the  people  of  the  United  States  * * * do  ordain 

and  establish  this  constitution.”  But  if  it  had  gone,  on  a refer- 
endum, to  the  people  we  know  now  and  they  knew  then  that  it 
never  would  have  been  adopted  and  we  never  should  have  had 
that  great  instrument. 

As  to  the  further  practical  operation  of  the  primary  laws  it  may 
be  said  that  nobody  is  responsible  for  results.  Nobody  nominates 
candidates  for  public  office.  They  select  themselves.  The  ques- 
tion of  fitness  is  not  discussed  and  passed  upon  by  anybody.  They 
arc  found  in  the  field.  Multiplied  thousands  of  voters  know  noth- 
ing about  their  qualifications  and  do  not  and  cannot  take  the  time 
to  investigate.  If  they  could,  to  whom  could  they  go?  To  every- 
body only.  And  everybody  is  nobody.  The  voter  simply  ratifies 
the  candidate’s  selection  of  himself.  He  has  nothing  to  do  with 
selecting  the  agents  of  his  government.  The  most  intelligent 
voter  does  not  know  how  to  mark  his  ballot  below  the  head  of 
the  ticket.  It  is  manifest  that  it  would  be  better  if  candidates 
were  selected  by  representatives  chosen  by  the  people  in  small 
units  of  government.  Then  there  could  be  some  canvass  as  to  fit- 
ness. Then  responsibility  could  be  located.  Then  the  people 
Avould  indeed  select  their  candidates.  That  would  be  democratic. 
It  is  not  democratic  where  the  voter  expresses  no  opinion  as  to 
nearly  the  whole  of  the  ticket  he  casts.  He  makes  no  selection.  He 
votes  blindly.  He  simply  makes  a thrust  in  the  dark.  Why  insist 
that  he  wait  until  he  is  twenty-one  years  of  age  before  he  does  this? 
He  could  do  it  as  well  at  fourteen.  Or  why  insist  that  the  voter 
be  a male?  A sixteen-year-old  girl  could  make  a stab  at  the  field 
V.  ith  just  as  much  certainty  of  impaling  the  best  man.  That  it  is 


—25—  . 


mostly  a chance,  a lottery,  was  humiliatingly  admitted  when  the 
legislature  ordered  a rotation  of  the  names  on  the  ballot.  That  it 
could  be  nothing  else  Wias  conclusively  demonstrated  when  no  bet- 
ter results  followed.  There  could  not  possibly  be  a greater  delu- 
sion than  that  a repeal  of  the  primary  laws  would  deprive  the  peo- 
ple of  their  power  of  direct  participation  in  their  government.  The 
fact  is  that  the  primary  prevents  that  very  thing.  The  people  can- 
not proceed  with  the  greatest  efficiency,  precision  and  intelligence 
by  multitudes.  All  experience  establishes  with  unshakable  certainty 
this  fact,  not  only  in  government  but  in  business  and  every  other 
department  of  life  where  large  issues  are  involved.  This  principle 
is  recognized  land  acted  upon  everywhere  else  but  in  government 
where  it  ought  to  obtain  with  greatest  force. 

When  this  new  plan  and  departure  from  the  original  plan  and 
structure  of  our  government  is  carefully  thought  out,  it  seems  to 
me,  if  I am  not  thinking  crookedly,  that  it  does  not  afford  security 
against  misgovernment ; that  its  tendency  is  not  beneficent ; that  it 
is  constantly  toward  mediocrity;  that  it  will  grow  more  ineffi- 
cient and  unsatisfactory  with  the  passing  years ; that  self-govern- 
ment, genuine,  orderly,  capable  government  by  the  people,  will  be 
lost  amidst  the  shoutings  and  confusion  of  the  multitude  about  an 
array  of  self-selected,  self-imposed  candidates.  The  thought  of  the 
office  seeking  the  man,  an  ideal  once  cherished,  has  already  per- 
ished and  is  held  in  contemptuous  derision.  Discussion  and  delib- 
eration as  to  party  policy  and  candidates  are  not  possible  at  the 
polls — not  possible  where  the  electors  number  hundreds  of  thou- 
sands. The  people  may  in  fact  be  left  without  any  potential  voice 
in  the  destiny  of  their  country  or  themselves.  There  may  be  no- 
body on  board  capable  of  navigating  the  ship  especially  in  the  vio- 
lence of  a storm.  In  a great  emergency — and  we  cannot  conclude 
it  will  never  arise — could  there  be  any  certainty,  under  the  pri- 
mary system,  that  a great,  strong,  forceful  man,  lost  in  his  de- 
votion to  his  country,  its  inspiring  traditions  and  his  belief  in  its 
great  destiny  could  be  chosen?  The  primary  tends  to  exclude  the 
best,  most  unselfish  and  capable  men.  The  rule  is  that  they  will  not 
undergo  the  methods  which  seem  necessary  to  success:  The  mean- 

ingless circulation  of  petitions,  the  harassing  and  long-drawn  out 
primary  campaign  within  the  party,  tending  to  disrupt  and  weaken 
the  party,  a great  evil  where  government  must  proceed  by  parties, 
the  enormous  and  disgraceful  expenditure  of  money,  all  tending  to 
corrupt  public  morals,  lower  and  contaminate  the  political  and  pub- 


—26- 


lic  ideals  of  youth — all  this  with  reference  to  the  questions  that 
must  touch  every  citizen,  really  the  most  momentous  questions  with 
which  he  has  to  do.  Then  must  follow  the  campaign  for  the  general 
election  with  all  of  the  convulsions  and  disappointment  and  bit 
terness  of  the  primars'  campaign  carried  over  into  it.  The  tendency 
of  it  all  is  to  develop  the  demagogue,  lower  to  debasement  the  tone 
of  our  political  life,  deprive  the  country  of  great  leadership,  inspired 
0]dy  by  a desire  for  the  common  good,  for  a commonwealth  that 
shall  be  an  example  and  attract  the  admiration  of  the  whole  coun- 
try— a leadership  that  is  not  based  upon  and  which  would  scorn  to 
appeal  to  the  prejudices  and  want  of  vision  of  men,  but  which  is 
on  fire,  with  the  great  things  of  life  which  develop  great  citizenship 
and  build  states  upon  enduring  foundations.  Let  this  be  called 
Ideal.  It  is  the  hope  of  America.  In  our  siiiug  contentment  and 
great  prosperity  we  dislike  to.  be  disturbed.  But  yonder  is  the  dis- 
tant day.  Yonder  is  the  gneat  population  of  hundreds  of  millions. 
There  lie  the  great  questions  of  the  future.  We  have  had  nothing 
like  them  yet.  It  is  not  too  early  to  cry  back  to  the  people,  back  to 
them  in  their  strong  represenative  capacity  where  they  can  speak 
in  their  potent,  discriminative,  really  democratic,  selective,  elective 
force,  a thing  which  they  do  not  and  cannot  now  do. 

Any  system  will  have  its  imperfections  and  can  be  abused  and  has 
always  been,  because  men  are  imperfect,  selfish,  ambitious.  But 
calm,  constructive  thinking — the  thought  and  foresight  that  has 
moved  the  world  along  in  all  the  ways  that  have  marked  its  advance- 
ment— in  the  ways  that  have  developed  beneficent  governments  has 
not  been  the  thought  of  the  multitude  or  the  product  of  the  multi- 
tudinous mind. 

The  tendency  of  our  present  system  is  to  groAv  worse.  Such  has 
been  the  result.  A new  movement  having  the  approval  of  great 
numbers  brings  with  it  a pride  in  its  success  which  seems  to  start 
it  well,  but  its  inherent  weakness  is  sure  to  develop.  Hence  it  has 
come  about  that  in  more  States  than  one,  dead  men  have  been  voted 
for  as  candidates.  In  other  instances  men  of  notorious  weakness  in 
character  and  mind  have  polled  thousands  of  votes  for  important 
State  offices,  putting  the  public  ser^fice  in  actual  peril — indeed  there 
is  a constant  peril.  Besides,  it  has  been  demonstrated  that  the  less 
intelligent  voters,  those  whose  personal  prejudices  are  most  easily 
aroused,  vote  with  the  greatest  unanimity.  Thus  an  analysis  of  a pri- 
mary vote  in  Michigan  reveals  the  fact  that  “in  the  seven  counties 
containing  the  most  foreign-born  and  illiterate  voters  the  republi- 


—27— 


v'an  vote  has  been  far  above  the  percentage  for  the  State,  in  the  last 
three  primaries  exceeding  the  party  membership ; while  in  the  seven 
counties  containing  the  least  such  vote  the  percentage  has  been  con- 
siderably below  that  for  the  state.  In  Detroit  the  vote  in  the  four 
wards  conceded  to  be  the  ‘‘worst’’  has  always  been  markedly  heav- 
ier than  in  the  best  wards  and  in  1914  the  republican  vote  in  the 
worst  wards  was  over  twice  the  party  membership.  The  voting  is 
(juantatively  best  where  the  electorate  appears  to  be  qualitatively 
worst.  ’ ’ I think  this  would  be  found  to  be  generally  true  under  the 
I)rimary  system. 

So  far  as  the  presidential  preference  primary  law  is  concerned  it 
has  been  rightly  called  a farce.  It  has  already  demonstrated  that  the 
people  can  and  will  actually  trifle  with  the  great  question  of  selecting 
a president  of  the  United  States,  voting  in  great  numbers  for  men 
having  absolutely  no  qualifications,  natural  or  acquired,  for  the 
great  office,  and  not  claiming  to  have,  and  men  of  whom  no  candid, 
thoughtful  citizen,  anxious  for  his  country’s  welfare,  would  ever 
think.  This  experience  strikingly  betrays  the  weakness  and  danger 
of  the  direct  primary  system. 

The  non-partisan  judiciary  law,  as  it  stands,  has  also  demon- 
strated its  utter  futility  to  effect  its  purpose.  It  has  moved  the 
judiciary  into  politics.  It  invites  into  a political  game  that  has  not 
one  thing  to  commend  it,  but  everything  to  condemn  it.  It  starts  the 
candidate  for  the  office  of  judge  out  as  a suppliant.  He  must  appeal 
to  people  whom  he  may  soon  fiave  before  him  as  litigants  and  who 
have  extended  the  helpful  influence.  If  he  rises  into  the  region 
where  the  recollection  of  favors  do  not  abide,  those  before  him  may 
be  on  a lower  level  where  the  memory  is  ever  alert  and  suggestive. 
So  far  as  it  is  humanly  possible  the  judge  should  be  placed  beyond 
every  suggestion  or  suspicion  of  bias.  If  he  were  nominated  by  a 
(convention  he  would  be  very  much  farther,  although  not  altogether, 
removed  from  this;  but  selecting  himself  as  a candidate  and  ap- 
pealing to  the  people,  he  is  subjected  to  every  sort  of  obligation  and 
entanglement  in  the  primary.  The  field  is  open  for  every  mediocre 
to  become  a candidate.  It  invites  to  the  arts  of  the  demagogue  to 
gain  a judgeship.  It  may  easily  lead  eventually  to  the  loss  of  fit- 
ness, ability  and  courage  on  the  bench. 

It  has  been  said  of  this  matter  by  a great  lawyer  of  nation-wide 
renown:  “Those  ripest  in  wisdom  are  not  willing  to  engage  in  a 
campaign  where  the  arts  of  the  demagogue  and  the  use  of  money 
are  such  potential  factors  ; and  we  must  make  up  our  minds  that 


—28- 


unless  we  withdraw  our  judicial  nominations  from  these  strenuous 
j)rimaries,  our  judges,  in  time,  will  be  our  most  skillful  politicians 
rather  than  our  most  learned  lawyers.”  This  law  ought  to  be  re- 
l)ealed.  The  presidential  preference  law  should  be  repealed.  The 
office  of  judge  should  be  appointive.  It  is  so  in  every  country  on 
earth  but  Switzerland  and  the  United  States  and  is  so  in  eight  of 
our  states. 

While  there  may  be  and  have  been  abuses  under  every  system  the 
(/pportunity  and  temptation  ought  to  be  made  as  difficult  as  pos- 
sible. The  trouble  with  the  old  caucus  system  which  naturally 
aroused  public  indignation  was,  that  it  Avas  not  born  of  the  law, 
was  subjected  to  no  regulation.  Capable  of  being  a sound  basis  for 
popular  gOA^ernment  it  was,  nevertheless,  often  made  the  instru- 
ment of  unrestrained,  self-interested,  self-seeking,  shrewdly  design- 
ing men  to  compass  selfish  purposes  and  sometimes  defeat  the  popu- 
lar will.  It  was  at  the  basis,  yet  was  the  weakest  point  in  the  aaTioIc 
party  structure  and  nioA^ement.  From  it  the  people  in  disgust  fied 
to  the  method  I haA^e  been  describing  with  which  the  public  is  now 
just  as  much  disgusted.  Is  it  not  possible  to  cleAuse  a method  of 
party  procedure  and  government  that  Avill  realize  the  distinctive 
purposes  and  genius  of  our  form  of  goA^emment  ? It  has  not  been 
done  yet  in  its  best  sense.  This  is  the  Cjuestion  for  this  legislature. 
Once  a belicA^er  in  the  direct  primary,  experience  and  reflection 
have  forced  me  to  the  conclusions  already  expressed.  My  interest  in 
the  progress  and  future  good  gOA^ermnent  of  this  commoiiAvealth 
forces  me  to  recommend  its  repeal.  Xot  an  attempt  to  patch  it  up, 
for  that  would  be  unsatisfactory,  but  a start  on  a new  basis. 

I should  like  to  see  Iowa  assume  leadership  back  to  true,  popular, 
representative  gOA^ernment.  This  legislature  should  proAude  a law 
for  a primary  in  the  toAvnship  or  precinct  where  all  the  Alters  can 
haA’e  a direct  Amte,  at  which  all  candidates  for  township  or  precinct 
offices  could  be  nominated  and,  if  deemed  best,  county  officers.  At 
this  primary  election  delegates  to  the  county  conA^ntion  and  alter- 
nates should  be  elected  and  their  election  properly  certified  to  the 
county  conA^ention.  For  this  primary  the  law  should  fix  a day  for 
all  parties,  uniform  throughout  the  state,  strictly  regulated  as  to 
notice,  time  of  opening  and  closing,  method  of  selecting  judges  and 
clerks,  the  right  to  participate,  providing,  perhaps,  that  ten  days 
])efore,  the  voter  should  declare  his  party  affiliation  and  that  having 
once  Amted  at  a primary  and  thus  fixed  his  party  affiliation  he  could 
not  A’ote  in  any  other,  unless  thirty  days  prior  he  had  filed  a declara- 


—29— 


lion,  under  oath,  of  change  of  party  affiliation ; and  providing  also 
that  no  name  of  a candidate  of  one  party  could  be  written,  printed 
or  pasted  upon  the  ballot  of  another  under  penalty  of  rejection  of 
the  ballot;  and  providing -also  the  ratio  of  representation  in  the 
selection  of  delegates  to  the  county  convention,  fixing  the  date  of 
such  convention  and  its  time  of  meeting,  uniform  throughout  the 
State,  to  nominate  county  officers,  if  not  nominated  at  the  township 
and  precinct  primary,  and  to  nominate  State  representatives  and  to 
select  delegates  and  alternates  to  senatorial,  judicial  and  congres- 
sional conventions,  fixing  a uniform  time  throughout  the  state  for 
holding  them  and  selecting  delegates  and  (alternates  to  the  state 
convention  and  fixing  the  time  for  holding  it  and  declaring  the 
ratio  of  representation  to  all  these  conventions.  The  delegates  to 
all  these  conventions  should  be  properly  certified  and  be  required 
to  attend  and  no  proxies  should  be  permitted.  In  the  case  of  ab- 
sence or  inability  of  a delegate  to  attend,  an  alternate  to  take  his 
place,  the  law  fixing  the  order  in  which  alternates  would  be  per- 
mitted to  take  the  place  of  regular  delegates,  and  no  other  persons 
should  have  any  voice  or  vote  in  any  convention.  The  law  should 
also  provide  that  these  delegates  and  alternates  should  be  regarded 
as  officers,  their  tenure  being  from  the  time  of  their  election  until 
the  next  election  of  delegates  so  that  in  the  event  of  need,  any  con- 
vention could  be  re-assembled  on  notice  and  another  campaign  and 
expense  avoided.  Under  this  kind  of  legalized  procedure  it  is  hard 
to  see  how  there  could  be  any  of  the  old  time  manipulations,  sharp 
practices  and  packing  of  caucuses  and  conventions  and,  in  my  judg- 
ment, it  should  be  worked  out  and  the  principle  and  purpose  de- 
veloped as  your  combined  wisdom  may  dictate.  The  legislative 
branch ' of  the  government  should  be  made  as  strong  as  possible 
because  its  power  is  lalmost  unlimited  and  I believe  its  candidates 
should  be  carefully  selected  by  delegate  conventions. 

Another  consideration,  slight,  however,  in  comparison  with  the 
reasons  already  given  why  the  laws  referred  to  should  be  repealed 
is  the  cost  of  the  elections  in  Iowa. 

IN  MEMORIAM. 

Since  the  adjournment  of  the  last  General  Assembly  the  death 
of  several  of  the  most  noted  men  in  the  history  of  the  State  has 
occurred.  Each  one  of  them  was  ripe  in  years  and  in  long,  val- 
uable service  to  the  commonwealth  and  the  whole  country  as  well. 
As  a token  of  respect  on  the  part  of  the  State  and  as  an  expression 


30 


of  the  people’s  appreciation  of  their  worth,  example  and  service, 
I speak  of  them  on  this,  an  Occasion  of  the  people. 

Major  General  Grenville  M.  Dodge  died  at  Council  Bluffs  on 
the  3rd  day  of  January,  1916.  He  was  one  of  the  most  distinguish- 
ed men  in  Iowa  history.  Not  only  in  Iowa,  but  throughout  the 
nation,  he  was  distinguished  as  a great  civil  engineer  and  rail- 
way builder;  as  a commanding  figure  in  the  business  world;  as 
a leader  of  armies  in  the  war  for  the  Union ; as  a friend  and  coun- 
selor of  many  of  the  most  noted  public  men  in  the  country  for  half 
a century;  ,as  the  sympathetic  and  wise  adviser  of  all  who  might 
appeal  to  him  ; as  devoted  to  his  country  and  as  having  an  ever- 
increasing  love  for  Iowa — a life  distinguished  as  consecrated  to 
the  highest  ideals  of  American  citizenship. 

It  is  in  the  minds  and  hearts  of  the  people  of  Council  Bluffs  to 
cause  to  be  erected  in  that  city  which  he  called  ‘^Home”  and 
where  so  many  of  the  years  of  his  life  were  passed,  a monument 
in  commemoration  of  his  life  and  public  service.  Because  his  name 
was  a familiar  one  throughout  the  whole  country  it  has  been  sug- 
ed  by  the  people  of  his  home  city,  and  I deem  it  a high  privilege  to 
recommend  and  urge,  that  this  General  Assembly  provide  promptly 
for  the  appointment  of  a commission  to  serve  without  expense  to 
the  State  in  the  matter  of  providing  for  and  erecting  said  monu- 
ment. Because  he  was  essentially  and  all  his  life  a public  character 
this  purpose  of  the  citizenship  of  Council  Bluffs  should  have  this 
public  recognition  and  endorsement  of  the  people  of  Iowa. 

Hon.  William  Peters  Hepburn  died  at  Clarinda,  Iowa,  February 
7th,  1916.  He  was  a pioneer  in  the  State.  Sixty  years  ago  he  was 
county  attorney  of  Marshall  County  and  fifty-nine  years  ago  was 
clerk  of  the  House  in  the  Seventh  General  Assembly.  For  three 
years  he  was  district  attorney  for  the  11th  Judicial  District,  re- 
signing that  position  to  enter  the  Civil  War.  He  distinguished 
himself  as  a soldier,  being  promoted  from  time  to  time  until  he 
was  placed  in  command  of  the  Second  Brigade,  Cavalry  Division 
of  the  Sixteenth  Army  Corps,  serving  until  the  close  of  the  war. 
After  1880  he  served  the  people  many  years  in  congress  from  the 
Eighth  Iowa  District.  His  public  service  was  a notable  one  and 
he  will  pass  into  Iowa  history  as  a man  of  forceful  character, 
strong  in  his  convictions,  a lawyer  of  ability,  a splendid  soldier, 
xa  great  debater,  devoted  to  his  country. 


—31— 


. Rev.  Henry  Wallace,  died  in  the  City  of  Des  Moines,  February 
22nd,  1916.  He  was  a scholar,  teacher,  preiacher,  editor,  author, 
])ublisher,  farmer,  a friend  of  man  interested  in  all  benevolent 
enterprises,  a helper  of  the  world.  The  influence  of  Henry  Wallace 
was  greater  even  than  that  of  very  many  very  influential  men. 
His  work  was  equally  and  eminently  successful  in  very  many 
fields  of  activity.  He  was  one  of  Iowa’s  most  useful  men  and 
leaves  a memory  cherished  by  her  entire  citizenship. 

Hon.  Charles  Clinton  Nourse,  died  at  his  winter  home  in  Sierra 
Madre.,  California,  on  the  31st  day  of  December,  1916,  at  the  age 
of  eighty-seven  years.  Judge  Nourse  came  to  Iowa  sixty-five 
years  ago  and  during  nearly  all  of  thiat  time  was  prominently 
connected  with  the  legal,  politieal  and  general  develop- 
ment of  the  State.  He  was  prosecuting  attorney  in  his  district  in 
1852,  was  Chief  Clerk  of  the  Iowa  House  of  Representatives  sixty- 
two  years  ago  and  Secretary  of  the  Senate  two  years  later,  and 
fifty-four  years  ago  was  Attorney-General  of  the  State  and  a 
little  later  a judge  of  the  District  Court.  He  was  long  an  active 
practitioner  of  the  law  in  central  Iowa  with  his  home  in  Des 
Moines.  His  distinction  was  as  eminent  lawyer,  politician  in  the 
best  sense,  orator  and  excellent  high-minded  citizen. 

CONCLUSION. 

Now  I come  to  the  conclusion  of  my  term  of  service  in  a public 
capacity  for  the  people  of  Iowa.  It  has  been  a measureably  long 
one  in  different  positions. 

I have  made  mistakes.  They  are  as  apparent  to  me  as  they  are 
to  the  people.  But  on  the  whole  the  people  are  generous  and  kind. 
I have  had  what  is  no  doubt  the  usual  experience.  I have  known 
the  pleasurable  feeling  and  encouragement  that  sympathy  and  ap- 
probation bring  and  I have  known,  also,  the  severity  of  disappro- 
bation and  I have  felt  the  keen,  rapier  thrusts  of  bitter  criticism.  I 
beg  to  say  that  these  last  were  soon  out  of  my  mind  and  I have 
nothing  today  in  my  heart  but  gratitude  to  all  of  the  people  and 
an  inspiring  hope  for  the  increasing  growth  of  the  greatness  of  the 
State  and  the  constant  improvement  of  her  moral  and  political  life 
and  ideals.  Men  come  and  go  and  so,  officially,  the  record  is  closed 
and  with  every  good  wish  and  hope  it  is  mine  to  say.  Good-bye. 


